Patna High Court
Suresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Suresh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022, alleging possession of illicit liquor. He contended that he was falsely implicated due to local enmity, that no liquor was found in his conscious possession, and that the seizure was made from a sack and the motorcycle involved was not his. He also argued that the mandatory requirement of Section 103(4) of the BNSS had not been complied with. The State opposed bail, but the court noted the petitioner’s clean antecedent, the lack of direct recovery from him, and the procedural lapses, and consequently ordered his release on regular bail with a bond of Rs. 20,000 and two sureties. The bail order effectively disposed of the petition.
Issues considered
- Whether the petitioner is entitled to regular bail in the case registered under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the mandatory provision of Section 103(4) of the BNSS has been complied with, affecting the bail decision.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 103(4)
Subjects
- bail
- criminal procedure
- prohibition act
- false implication
- clean antecedent
- seizure
- Section 30(a)
- Section 103(4)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32062 of 2026
Arising Out of PS. Case No.-183 Year-2026 Thana- DHAKA District- East Champaran
======================================================
Suresh Kumar S/o Lakshman Sah Resident of Village- Auraiya, P.S.- Gaura/
Gaur, District- Rautahat, Nepal ( District- East Champaran, wrongly
mentioned in the impugned order. This is error of record)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Dhaka P.S. Case No. 183/ 2026 registered for the offence(s)
punishable under Section 30(a) of the Bihar Prohibition &
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to local enmity and village politics. It is
submitted that nothing has been recovered from the conscious
possession of the petitioner and alleged liquor was recovered
from a sack. Learned counsel further submits that petitioner is
not the owner of the alleged motorcycle and the mandatory
provision of section 103(4) of the BNSS has not been complied
Patna High Court CR. MISC. No.32062 of 2026(2) dt.12-05-2026
2/2
with and all seizure witnesses are members of the police party.
The petitioner has clean antecedent and is in custody since
03.04.2026.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition
coupled with the petitioner’s fair and clean antecedent, this
court is inclined to release the petitioner on bail. Accordingly,
let the petitioner named-above be released on bail in connection
with Dhaka P.S. Case No. 183/ 2026 on furnishing bail bond of
Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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